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Bald eagles don't have to hold up bridge repair near Longmont

By John Fryar

Times-Call staff writer

Posted:
03/01/2014 06:50:04 PM MST

Updated:
03/01/2014 06:53:33 PM MST

Boulder County doesn't necessarily have to delay a multimillion-dollar bridge replacement project because of the presence of nesting bald eagles in the neighborhood, according to U.S. Fish and Wildlife Service officials.

County Transportation director George Gerstle said Thursday that the start of construction of a new East County Line Road bridge over the St. Vrain River might be postponed until August or September in order to protect the eagles and their hatchlings until the young birds have finally dispersed from the nesting territory.

But the U.S. Fish and Wildlife Service state in a press release Friday that under the Bald and Golden Eagle Protection Act, "the Service has the ability to issue ... permits for projects where appropriate."

Fish and Wildlife officials said that could include replacement of the East County Line Road bridge south of Colo. Highway 119 that was washed out in September's flood.

"It is highly probable that we would give them a permit and do it quickly," assistant regional director Marla Trollan said in an email.

Boulder County's Gerstle had cited concerns about violating the eagle-protection guidelines in the Endangered Species Act and how that might jeopardize the county's expectation that the Federal Highway Administration will reimburse Boulder County for most or all of the $4 million to $5 million bridge project.

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However, Fish and Wildlife Service officials noted in a memo forwarded to the Times-Call that the eagle is no longer listed under the Endangered Species Act, and instead is now protected by the Bald and Golden Eagle Protection Act.

Under regulations implemented in 2009, the federal agency is allowed to issue permits "authorizing projects to move ahead in a legal manner in certain circumstances despite having the potential to impact eagles," the memo said. "In this particular circumstance involving the bald eagle nest along Weld County Road 1 and East County Line Road, the permit would pertain to disturbance" of the nest, according to the memo, and not what Fish and Wildlife officials call "the take of the nest."

According to a Fish and Wildlife Service website description of the Bald and Golden Eagle Protection Act, it prohibits "the take, possession, sale, purchase, barter, offer to sell, purchase or barter, transport, export or import, of any bald or golden eagle, alive or dead, including any part, nest, or egg, unless allowed by permit."

Clint Riley, the Fish and Wildlife Service's regional manager for migratory birds and state programs, said in an email that in this case, "you can assume that (take) means 'moving or destroying the nest.'"

Fish and Wildlife Service officials said their agency can often issue such permits quickly, "to prevent delays in the project."

They noted that they had issued such a permit in January for the Left Hand Water District, which is replacing a water line that was destroyed by the flood, a project that's near the same eagles' nest neighboring the washed-out bridge.

That, the federal agency said in its news release, "allowed them to move forward with emergency water line replacement to restore community water supply and fire protection in the county that had been impacted during the Colorado flooding last fall."

Fish and Wildlife Service officials didn't promise they'd approve such a permit before getting an application. But they said: "We stand by ready to work with Boulder and Weld counties to review an eagle take permit" for the bridge replacement project, "but to date, we have not received an application."

On Saturday, Gerstle said the Fish and Wildlife Service's stated position, that some projects can move ahead without undergoing eagle-protection delays, "is good to hear."

But Gerstle said he has to follow Boulder County's own written policies about protecting wildlife and natural resources — including environmental provisions in the county's comprehensive plan — as well as any applicable state laws.

"It's important that we respect the natural resources of the county," Gerstle said.

He said his earlier decision to delay bridge construction startup was based in part on an environmental consultant's analysis and discussions with the Boulder County Parks and Open Space staff.

Gerstle said he'll be revisiting the construction startup timing issue within the next week or two during discussions with Parks and Open Space wildlife specialists and the Boulder County commissioners.

Gerstle noted that the commissioners will have the final say in deciding when and how to proceed, and he said he wants "to make sure they're comfortable" with getting started this spring before he'd formally present the bridge project proposal to the Fish and Wildlife Service.

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